Peña v. Rucon Properties, LLC

OPINION OF THE COURT

Dianne T. Renwick, J.

*656On September 14, 2004, plaintiff Rafael Peña commenced this action seeking to recover money damages for personal injuries sustained during a slip and fall that occurred on August 15, 2004 at the premises owned and operated by defendants. Although plaintiff died in January 2007, no administrator of the estate of Rafael Peña has been substituted in place of Rafael Peña. Defendants now move, pursuant to CPLR 1015, for a court order directing the attorney for the deceased plaintiff before his demise to have an administrator appointed to the estate of the…